Merrill v. Walker
Supreme Judicial Court of Maine
This action was case against the defendant as indorser of a writ of replevin, in a suit brought by Joel Hills of Bangor, and William McLellan of Boston, against the plaintiff, on Jan. 8, 1838. That replevin suit was filially tried, and judgment rendered in favor of Merrill, at the October term of this Court, 1841, for a return of the property replevied, and for a bill of costs.
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This action was case against the defendant as indorser of a writ of replevin, in a suit brought by Joel Hills of Bangor, and William McLellan of Boston, against the plaintiff, on Jan. 8, 1838. That replevin suit was filially tried, and judgment rendered in favor of Merrill, at the October term of this Court, 1841, for a return of the property replevied, and for a bill of costs. An execution issued, and ivas returned unsatisfied by an officer of the comity of Penobscot, on June 14, 1842. Before judgment was recovered in the replevin suit, McLellan had removed from Boston and resided at Warren,…
1Opinion of the Court
The opinion of the Court was by
Whitman C. J.
This is a special action of the case, against the defendant as an indorser of a writ, and comes before us upon an agreed statement of facts. The writ endorsed was replevin to recover a yoke of oxen.
The first question raised, and discussed by the counsel for the parties, is as to the form of action adopted in this case; the defendant contending, that it should have been scire facias, and not case. The Revised Statutes, c. 1J4, § 18, have provided, that suits against indorsers of writs shall be by special action on the case; but, in the conclusion of…
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